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What is the Equality Act? (22 March 2012)

 

The Equality Act came into force on October 1 2010 and replaced previous legislation concerning employment and the provision of services and goods to the public. The main aims of the Equality Act are to help protect people who are routinely discriminated against, either knowingly or unknowingly, and minority groups. It was designed to help simplify the employment guidelines that had been somewhat hazy and difficult to apply consistently.

 

 

What are my rights if my wages have been withheld? (14 March 2012)

 

Occasionally, problems can arise over the payment of wages at work, and it is worth knowing that only under certain limited circumstances is your employer legally entitled to withhold your wages. This is a general overview of the law governing these matters. For particular information on your own situation, it is recommended that you consult employment solicitors such as Duncan Lewis, who will be able to offer more specialised help and advice.

 

 

Can I be made redundant if I am pregnant? (2 February 2012)

 

Whether you are pregnant or not, redundancy in itself is a potentially perfectly fair and uncontroversial reason for an employer to dismiss you for some valid reason. The burden of proof, however, is entirely on the side of the employer and they have to demonstrate watertight reasons for making the redundancy.

 

 

Does my employer need to give me a written contract - and if not what terms apply? (29 November 2011)

 

A contract between an employer and an employee always exists, even if it has not been committed to paper. Your employer’s agreement to take you on and pay you, in some form, along with your own agreement to work for that employer, constitutes in itself a contract. What the employer must do, by law, is to provide you, as an employee, with a written statement within two months of the date when you started working for him or her and this has to include a number of certain terms and conditions.

 

 

What is whistleblowing? (28 November 2011)

 

If you suspect that there is wrongdoing or malpractice occurring at your place of work you can ‘blow the whistle’ and expose it. This, of course, might make you an object of victimisation by your employer and will probably lose you your job, but legislation is in place to prevent this from happening. Whistleblowing is encouraged for the public good and employees are frequently lauded for speaking out against malpractices that their employers or other personnel would prefer to keep hidden.

 

 

Excellent Reviews for David Head and Louise Taft’s popular talk on Employment Law: Redundancy for Law Works (28 October 2011)

 

David Head and Louise Taft, senior Employment Solicitors with Duncan Lewis and leading members of the firm’s Pro Bono Committee, had given a talk on Redundancy back in May 2011 that was so popular Law Works asked them to come back and deliver another session and received excellent reviews.

 

 

Lewd comment did not justify Dismissal (11 April 2011)

 

In one of the more amusing Judgments released this year, the Court of Appeal confirmed that a Tribunal did not make an error of law when it considered that an employer overreacted to a lewd comment made by an employee.

 

 

Changes coming into effect in April 2011 (11 April 2011)

 

The month of April is extremely important, not just for Company’s and their usual end of year matters, but also for Employment Practitioners. This is the month where the Government brings into force proposed changes to Employment Law.

 

 

Proposals for Reform to the Employment Tribunal System (7 February 2011)

 

Everyone is aware that over the last few weeks the Government has proposed reform to the Employment Tribunal System with the view that this will remove a barrier for growth in the labour market. But is this the way round it?

 

 

Government Proposals to Cut Legal Aid (7 February 2011)

 

In November 2010, the coalition government released a Green Paper proposing wholesale changes to the future of Legal Aid. This has devastating consequences for those seeking Employment Advice.

 

 

Supreme Court’s affirms when an EDT will be (29 October 2010)

 

One of the most frequently debated issues with regards to unfair dismissal claims that arises before the Employment Tribunals is ‘when was the effective date of termination?’

 

 

The Equality Act (29 October 2010)

 

The Equality Act came into force in October 2010, bringing all legislation outlawing discrimination in the workplace together in one place. It outlaws direct discrimination, indirect discrimination, harassment and victimisation based on protected characteristics. It also has further protection related to disability.

 

 

National Minimum Wage (29 October 2010)

 

The National Minimum Wage Act 1998 was enacted to secure a minimum hourly rate of pay for employees. Employers are under an obligation to pay the specified national minimum wage.

 

 

In limbo, with no end in sight - Naim Rahman comments on the recent case law entitling 45,000 people the right to work (5 August 2010)

 

‘ZO’ was a lone, vulnerable, young single female who had suffered truly terrible treatment in her home country of Somalia. Refused asylum on an initial application, she submitted a second claim based on previously unavailable evidence. This claim, once considered, was highly likely to result in a grant of leave to remain in the UK.

 

 

Duncan Lewis wins right to work for 45,000 people (30 July 2010)

 

An estimated 45,000 will be entitled to work in the UK as a result of the Supreme Court ruling in “ZO” – in a case brought by Duncan Lewis solicitors.

Delays in the time it takes for the UK Border Agency (UKBA) to process asylum claims causes hardship to thousands. These hardships were exacerbated by the inability to find lawful work during the time spent waiting for a decision.

 

 

Workers no longer protected by anti-discrimination laws (19 July 2010)

 

The law in relation to representation at disciplinary hearings is limited to trade union representation and work colleagues. This puts the majority of employees in difficult situations due to either not being a union member and/or work colleagues too afraid to attend with them. It follows that the employee subject to disciplinary proceedings seems to suffer a disadvantage. But what happens if the outcome of the disciplinary proceedings affects you ability to continue to practice your profession? Well, the answer prior to the Court of Appeal’s recent judgment was tough, ‘we will not allow anyone else to attend with you because that is what the law is.’

 

 

Fathers’ Rights At Work (19 July 2010)

 

With two fathers of young children in charge of the new coalition government, it is perhaps unsurprising that fathers’ rights to leave from work and flexible working to care for their children are hot topics.

 

 

Damaged Based Fee Agreements (19 July 2010)

 

In the past claimants and their solicitors have successfully funded Employment Tribunal disputes, through contingency fee agreements and no-win- no-fee agreements. On 9th April 2010, the Damages Based Agreement Regulations 2010 came into force, governing the use of contingency fee agreements, which are also to be called damages based agreements (DBA).

 

 

No discrimination where a job application is not genuine (24 May 2010)

 

The Employment Appeal Tribunal has confirmed that the Tribunal was correct to reject claims of age discrimination made against various employment agencies where it was found that the applications made were not genuine.

 

 

Fixed Term Contracts and Oversea Workers (24 May 2010)

 

The Court of Appeal has ruled (Duncombe, Fletcher and others v Secretary of State for Children, Schools and Families) that staff regulations instituted by the board of governors of the ‘European Schools’, that restricted the period of employment of teachers to nine years, were unlawful as the rule could not be objectively justified as necessary under the EC Fixed-Term Workers Directive and the Fixed-Term Employees (Prevention of Less Favourable Treatment) Regulations 2002, which implement the Directive into UK law.

 

 

New legislation in force April 2010 (24 May 2010)

 

The Additional Paternity Leave Regulations give fathers up to 6 months’ additional paternity leave if the mother has returned to work. This will apply to babies born on or after 3 April 2011.

 

 

Immigration – Identity Cards for Foreign Nationals – Tier 2 (12 April 2010)

 

In November 2008, the UK Border Agency (UKBA) introduced a new system making it compulsory for migrants from outside the European Economic Area and Switzerland to obtain an identity card for foreign nationals (ICFN). Use of ICFNs is being introduced gradually by immigration application type.

 

 

Loss of Paid Holiday Entitlement (12 April 2010)

 

The Employment Appeal Tribunal (EAT) has ruled (Lyons v Mitie Security Ltd.) that a worker’s right to statutory paid annual leave, under the Working Time Regulations 1998 (WTR), is not inalienable as it can be subject to fairly operated statutory or contractual requirements to give notice to the employer.

 

 

Whistleblowing – Allegations Arising During Tribunal Claims (12 April 2010)

 

When someone believes they have been dismissed or suffered a detriment at work because they have made a protected disclosure under the Public Interest Disclosure Act 1998 (PIDA), they can bring a claim to the Employment Tribunal (ET). Last year, there were 1,700 claims involving PIDA allegations. Hitherto, the ET has taken no action regarding information arising from such allegations, which may relate to serious fraud, health and safety issues, financial irregularities etc. However, this is about to change with the introduction of a new system whereby this information can be passed to the appropriate regulator for investigation, without unsubstantiated allegations being released into the public domain.

 

 

Fixed-Term Contracts and Overseas Workers (12 April 2010)

 

The Court of Appeal has ruled (Duncombe, Fletcher and others v Secretary of State for Children, Schools and Families) that staff regulations instituted by the board of governors of the ‘European Schools’, that restricted the period of employment of teachers to nine years, were unlawful as the rule could not be objectively justified as necessary under the EC Fixed-Term Workers Directive and the Fixed-Term Employees (Prevention of Less Favourable Treatment) Regulations 2002, which implement the Directive into UK law.

 

 

Employment Appeal Tribunal confirms employers can change contractual terms (30 March 2010)

 

In Bateman & Ors v Asda Stores Ltd the Employment Appeal Tribunal has confirmed that where a Contract of Employment or Staff Handbook contains a broad contractual right for the employer to alter the terms of employment, it can go on to change even fundamental contract terms, such as pay structures, without the employees’ agreement.

 

 

National Minimum Wage Cheats - Watch Out! (30 March 2010)

 

HM Revenue and Customs (HMRC) are intent on cracking down on employers who fail to pay workers the National Minimum Wage, particularly those who use migrant labour to undercut competitors.

 

 

Employment Tribunal follows European Court in holding that employee could carry over holiday lost due to sickness (30 March 2010)

 

Last year, the ECJ held that an employee who fell sick during his pre-booked annual leave, was entitled to take that annual leave later, even if that was in the next leave year.

 

 

Nicola Vetta Case (30 November 2009)

 

A recent decision of the Reading Employment Tribunal could potentially have important implications for the entertainment and publishing industries

 

 

Deskbound Worker Wins Compensation for Blood Clot (1 September 2009)

 

An office worker who suffered a blood clot after spending long hours sitting at her desk has received an undisclosed sum in compensation

 

 

Unfair Dismissal – Compensatory Award (1 September 2009)

 

When a claimant is successful in a claim of unfair dismissal, the Employment Tribunal (ET) must make a compensatory award that is just and equitable in all the circumstances, taking into account the economic loss sustained by the complainant as a result of his or her dismissal in so far as that loss is attributable to action taken by the employer (Employment Rights Act 1996, Section 123(1))

 

 

Muslim Waitress Wins Damages Over Skimpy Summer Uniform (1 September 2009)

 

A Muslim cocktail waitress, who resigned from her job after she was ordered to wear a dress that she claimed offended her religious beliefs, was awarded almost £3,000 in compensation

 

 

Immigration – Changes to the Points Based System: Tier 2 (1 September 2009)

 

As the Points Based System of Immigration beds in, the UK Border Agency (UKBA) has announced a number of changes and revised its guidance for employers and education providers who sponsor migrant workers and students

 

 

Age Discrimination and Selection for Redundancy (1 February 2009)

 

In Rolls Royce plc v Unite the Union, Rolls Royce contended that the length of service criterion in collective agreements relating to redundancy, entered into with the trade union, amounted to unlawful indirect age discrimination against younger employees under the Employment Equality (Age) Regulations 2006

 

 

Stress – An Employer’s Duties (1 February 2009)

 

Dealing with stress in the workplace is a difficult issue for employers

 

 

In Brief Simpler Execution of Deeds for Companies (25 June 2008)

 

Companies can now execute documents under deed without having to have the document signed by two officers

 

 

In Brief New Minimum Wage Rates Announced (20 June 2008)

 

The Government has announced increases in the national minimum wage rates in line with the recommendations of the Low Pay

 

 

Dealing with Data Loss (12 June 2008)

 

The loss of personal data is a regrettably common occurrence. Any organisation which knowingly suffers a loss of data on its customers,

 

 

Contractor and Employer Need Certainty (8 June 2008)

 

Construction contracts usually provide for payments to be made in stages, with the amount payable being based on the amount of work certified

 

 

Court Warning for NEDs (8 June 2008)

 

A Scottish court has spelled out a warning for non-executive directors (NEDs) who are of the view that they are in some way different from ‘normal’ directors in the eyes of the law.

 

 

Company Accounts – New Disclosure Requirements (19 May 2008)

 

The Companies Act 2006 has led to a number of changes in accounting requirements for companies, chief amongst which are the removal of the need to hold an

 

 

ACAS Consults on Draft Code of Practice on Discipline and Grievance (2 May 2008)

 

The Employment Act 2002 (Dispute Resolution) Regulations 2004, which require employers and employees to operate statutory minimum disciplinary,

 

 

Annual Increase in Tribunal Awards (30 April 2008)

 

The Employment Rights (Increase of Limits) Order 2007, which details the annual inflation-linked increase in limits on the amounts which can be awarded by employment tribunals, was made on 18 December 2007 and applies where the appropriate date falls on or after 1 February 2008.

 

 

Can Big Brother Read Your Emails? (28 April 2008)

 

Recently amended provisions of the Regulation of Investigatory Powers Act 2000 could further restrict the rights of organisations and individuals wishing to protect sensitive electronic information.

 

 

Directors – Be Careful What You Sign! (21 April 2008)

 

The Court of Appeal recently handed down a decision which should convince directors to take great care when they sign contractual documents on behalf of their companies…

 

 

Income Shifting Proposals – Timesheets for All? (17 April 2008)

 

HM Revenue and Customs (HMRC) have unveiled proposals on ‘income shifting’ (their term) following their robust defeat in the recent ‘Arctic Systems’ case. Needless to say, the professions have greeted these with a pronounced lack of enthusiasm.

 

 

Making Training Costs Tax Deductible (15 April 2008)

 

Now that training provided by McDonald’s is to be nationally accredited, you would be forgiven for thinking that training costs aimed at improving your skills or business profits automatically qualify for tax relief, but that is not necessarily the case.

 

 

Manual Handling (8 April 2008)

 

The Health and Safety Executive (HSE) has reminded employers of their legal duties with regard to manual handling, after an employee was injured when a 50kg sack of basmati rice fell onto the back of his neck.

 

 

New Guidance on Late Night Taxis (1 April 2008)

 

Following consultation with the entertainment industry and licensed trades, HM Revenue and Customs (HMRC) have issued revised guidance regarding the tax position on taxi journeys paid for by employers for staff who work late at night.

 

 

Noise at Work in the Music and Entertainment Sectors – A Reminde (24 March 2008)

 

As of 6 April 2008 the Control of Noise at Work Regulations 2005 are extended to the music and entertainment sectors.

 

 

TUPE and ‘Off-shoring’ (17 March 2008)

 

The Employment Appeal Tribunal (EAT) has handed down a decision which will be of interest to anyone considering selling their business, or a part of their business, to a buyer from abroad.

 

 

Data Protection – New CCTV Guidelines (10 March 2008)

 

Many people are not aware that the use of closed circuit television (CCTV) cameras is covered by the Data Protection Act (DPA).

 

 

File Your Employer Annual Return Online (3 March 2008)

 

Employers are reminded that the 2007/2008 Employer Annual Returns are due on 19 May 2008 and if you have 50 or more employees, you must file the Return online, otherwise you will incur a penalty.